Specific guidelines apply when MLS listing content is
displayed on Internet websites. Please review the following
information and contact PanamericanMLS.com’s
Compliance department if you have specific
questions, or aren’t sure if your website complies with
current MLS Rules and policies.
Broker Listing Exchange (BLE) Websites
(aka IDX) in the MLS Rules:
The following is from the MLS Rules and Regulations, Section
10.18: “Use of Listing Information on Internet.”
Interpretations and guidelines for complying with these MLS
Rules are provided in following sections.
Section 1
Use of Listing Information on Internet.
[Also known as Internet Data Exchange ("IDX") and, at
Panamerican MLS, as Broker Listing Exchange (“BLE”)]
-
Subject to paragraphs (b) through (l) below, and
notwithstanding anything in these rules and regulations
to the contrary, participants and Members may display on
their public websites aggregated MLS active listing
information through either downloading and placing the
data on the participant or subscriber’s public access
websites or by framing such information on the MLS or
association public access website (if such a site is
available).
-
The
listing brokers’ consent for such Internet display is
presumed, in satisfaction of Rule 10.9, unless a listing
broker affirmatively notifies the MLS that the listing
broker refuses to permit display on either on a blanket
or on a listing-by listing basis. Listing brokers that
refuse to permit other MLS participants or Members to
display their listing information on a blanket basis may
not display MLS active listing information of other
brokers’ listings.
-
Participants and Members shall not display confidential
information fields, as determined by the MLS in the
MLS’s sole discretion, such as that information intended
for cooperating brokers rather than consumers.
-
Listings with the status of active, pending or sold may
be displayed and the statuses must be clearly identified
to the viewer. All active listings on a participant or
subscriber’s site displayed by framing or other
electronic means shall identify the name of the listing
firm and the name of the listing agent in a manner
designed to easily identify such listing firm or agent.
Listing or selling office information is not used on
sold listings.
-
Participants and Members shall not modify the
information displayed pursuant to these MLS rules.
Information displayed shall indicate the source of the
information being displayed and the most recent date
updated. Participants and subscribers shall update all
downloads and ited. than to identify prospective
properties consumers may be interested in the "scraping"
and other unauthorized i. o, heir IDX sites or their
other website(s) the listing or property address of
consenting sellers. refresh all data at least once every
seven [7] days; Sharing of the MLS compilation with any
third party not authorized by the MLS is prohibited
Participants and Members shall indicate on their
websites that the information being provided is for
consumers’ personal, non-commercial use and may not be
used for any purpose other purchasing. Participants' and
Members' websites must protect MLS data from
misappropriation by employing reasonable efforts to
monitor for and proven accessing, reproduction or use of
the MLS database. Listings or property addresses of
sellers who have directed their listing brokers to
withhold their listing or their property address from
display on the Internet (including, but not limited to
publicly accessible websites) shall not be accessible
via IDX sites. This does not preclude listing
participants or Members from displaying on the MLS
-
Not
all listings from the MLS must be displayed as long as
any exclusions from display on participants' and
Members' IDX sites are based on objective criteria, e.g.
type of property, listed price or geographical location.
-
No
portion of the MLS database shall be distributed,
provided to or made accessible to any person except as
provided for in these rules and/or in the PanamericanMLS.com
IDX policy.
-
When
displaying listing content, a participant's or
subscriber's website must clearly identify the name of
the brokerage firm under which they operate in a readily
visible color and typeface.
section 2
Notification by
Authorized Participants and Members.
Participants and Members partaking in the display of MLS
listing information of other brokers’ listings pursuant to
Section 10.18 must notify the MLS before displaying said MLS
listing information and must make their website directly
accessible to the MLS and other MLS participants for
purposes of monitoring/ensuring compliance with applicable
rules and policies.
Fees.
The MLS has the right to charge the costs of adding or
enhancing its downloading capacity to broker participants
and real estate Members who request downloading of listing
information pursuant to Section
Guidelines for All Public Websites (aka BLE/IDX):
PanamericanMLS.com may, from time to time, adopt and/or
modify MLS Rules, policies, and procedures with respect to
the display of MLS information on Internet websites. When it
does so, the MLS Rules and the policies and procedures, if
inconsistent with these guidelines, will automatically
supersede this document.
1. Licensee must submit a “Broker Authorization for Purchase
of Third-Party Product or Service” form to
PanamericanMLS.com for each participant/subscriber who
intends to establish a website containing MLS content, and
must make password protected websites directly accessible to
PanamericanMLS.com for purposes of monitoring and ensuring
compliance with applicable MLS Rules and data display
policies.
2. The following kinds of information are never allowed for
search or display on the Internet:
a. expired (status 6), cancelled (status 7), withdrawn
(status 8), or pending/do not show (status 4) listings
b. compensation offered to other PanamericanMLS.com
Participants/Members and/or the type of listing agreement;
c. sellers’ or occupants’ names, phone numbers or email
addresses or other identifying information; or
d. instructions or remarks intended for cooperating brokers
only, such as those regarding showing or security of the
listed property.
3. A detailed display of another BLE participant's listing
may not include any contact information or "branding" of the
BLE participant who owns the website, or any of its agents,
within the "body" of the listing data. (The "body" is a
rectangular space whose borders are defined in each
direction by the area used for listing text and photo data;
"branding" refers to any marks, images, or language
referring to the website owner.) The prohibition on branding
or contact information within the "body" of the listing data
is intended to prevent any possible confusion on the part of
the consumer as to the source of the listing.
4. MLS content authorized for display may not be changed. This
requirement does not restrict the format of the MLS content
displayed or the display of fewer than all of the listings or
fewer authorized data fields.
5. MLS content may be augmented with additional data not
otherwise prohibited from display (such as neighborhood or
mortgage information) as long as the source of such other data
is clearly identified, except that this additional information
must lie outside the “body” of the listing data. Display of
additional information on pages containing MLS content is
subject to approval by PanamericanMLS.com.
6. All displays of MLS content shall include an accuracy
disclaimer (see sample text in “Additional Guidelines” at the
end of this section). Licensee may include other appropriate
disclaimers as necessary (see samples in Data Use Policy
appendix).
7. MLS content on BLE websites shall be properly identified by a
specified BLE logo provided by PanamericanMLS.com (see logo use
guidelines in Data Use Policy appendix). Each listing that
belongs to another PanamericanMLS.com participant/subscriber
must be clearly identified as belonging to that listing
participant/subscriber. Under no circumstance may an
PanamericanMLS.com participant/subscriber display listings of
other PanamericanMLS.com participants/Members in a manner that
leads the viewer to believe that they are the listings of the
displaying PanamericanMLS.com participant/subscriber.
8. All active and pending listings displayed shall identify the
name of the listing agent and listing office in a typeface not
smaller than the type size displaying detailed property
information. This identification is considered an integral part
of the listing information and must be displayed within the
“body” of the listing along with the property information.
9. The name of the firm, company or individual who has immediate
control of the MLS content, and/or the arrangement of MLS
content, that is being provided on the
participant’s/subscriber’s website must be displayed, at a
minimum, on either the home search page or the detail report
page within the BLE property search.
10. If PanamericanMLS.com participants/Members display on their
websites listings that have been obtained from other sources,
such as other MLSs they subscribe to, the website shall clearly
display the source from which each such listing was obtained.
11. MLS content may ONLY be displayed on websites of active
PanamericanMLS.com participants/Members and may not be compiled
with data from other sources for use on any websites of
non-PanamericanMLS.com participants/Members, even if such
websites are owned or operated by an authorized licensee of
PanamericanMLS.com.
12. Websites displaying MLS content must be controlled by an
PanamericanMLS.com participant/subscriber and advertised as the
PanamericanMLS.com participant’s/subscriber’s website. The
website must also identify the brokerage under which the
PanamericanMLS.com participant/subscriber performs real estate
sales activities
13. Use of Statistics: Statistics may be calculated based
on MLS content and provided to consumers on authorized websites
to provide a marketing overview of real estate activity in the
Participant/Subscriber’s service area.
a. Content for statistical analysis is limited to a rolling
3-year time period.
b. Appropriate disclaimers are required.
14. Use of off-market data for property valuations: Automated
valuation models may be provided using algorithms or
calculations based on sale activity in a given area. This
valuation cannot be referred to as a “CMA” or “Comparative
Market Analysis.” The term “estimated value” is acceptable.
15. When displaying listings of other PanamericanMLS.com
participants/Members on a website, the PanamericanMLS.com
participant/subscriber who hosts the website must obtain from
each consumer who visits the website an agreement to the
following terms of use:
a. all data obtained from the website is intended only for the
consumers’/viewer’s personal, noncommercial use;
b. the consumer/viewer has a bona fide interest in the purchase,
sale or lease of real estate of the type being offered through
the participant’s/subscriber’s website;
c. the consumer/viewer will not copy, redistribute or retransmit
any of the data or information provided; and
d. the consumer/viewer acknowledges PanamericanMLS.com’s
ownership and the validity of its copyright in the MLS content.
Guidelines for Providing Additional Services:
If additional services are provided to consumers from the
website, such as email updates that include MLS content not
permitted for public/BLE website display, the following also
apply:
1. The consumer must provide a valid email address and an email
must be sent to the address provided confirming that the
consumer has agreed to the terms of use (referred to above). A
consumer may be permitted to access extended MLS content only
after it has been verified that the email address provided is
valid and that the consumer received the terms of use
confirmation.
2. Access by consumers may be granted only for a limited
duration, with such duration being controlled or controllable by
PanamericanMLS.com participants/Members and which is not to
exceed one hundred eighty (180) days without re-activation or
extension by PanamericanMLS.com participant/subscriber.
Additional Guidelines Regarding the Display of MLS Content:
The following rules apply to all materials, whether electronic,
faxed, printed or provided through any other delivery method,
where the MLS content is being used for public or consumer use.
Materials that fall into this category include, but are not
limited to, website detail pages, client reports (faxed, printed
or emailed), automated email distributions and flyers.
1. Listing agent and listing office must be clearly identified
for active and pending listings wherever property detail
information is shown.
2. Confidential fields may not be displayed
3. PanamericanMLS.com’s copyright notice must appear where MLS
content is displayed.
4. An accuracy disclaimer, using one of the following options or
text substantially similar to the following, when MLS content is
displayed:
• This information is not guaranteed by RE PanamericanMLS.com.
• Listing information is deemed reliable, but not guaranteed.
• Listing information is deemed reliable, but not guaranteed.
Buyers are advised to confirm all data provided.
Display of MLS Listing Content on Public (BLE/IDX) Websites:
The only listing content that PanamericanMLS.com allows to be
displayed on public participant/subscriber websites, in
satisfaction of Section 10.18 of the MLS Rules, derives from a
Broker Listing Exchange data set created and distributed solely
by PanamericanMLS.com and solely for this purpose. Display is
limited to and consists of the following:
♦
Listings “opted in” to the BLE/IDX program
♦
Property status [active or pending (statuses 1-3) and sold
(status 5) only]
♦
MLS number
♦
Photos of the subject property
♦
Property type
♦
Property county
♦
Property age
♦
List price
♦
Listing agent name and office on listings with status 1-3
♦
Street address (or “Filtered Address” field where required.)
♦
Number of bedrooms
♦
Number of bathrooms
♦
Square Footage
♦
Estimated lot size, or lot size range
♦
Parking spaces
♦
Non-confidential remarks
♦
And descriptive fields representing property features, such as:
♦
fireplace/s
♦
view
♦
community/recreational facilities
♦
heating and cooling facilities
♦
architectural style
♦
interior and exterior finishes
♦
structural features
♦
handicapped access
♦
pet restrictions
♦
appliances
♦
utilities
Display of sold (status 5) listings must adhere to the following
additional guidelines:
♦
Sale price may be displayed unless specifically withheld from
Internet display by seller or buyer
♦
Public remarks may not be displayed
♦
List price may not be displayed (unless substituting for a
withheld sales price and specifically coded to indicate that
situation)
♦
Name and contact information of the listing or selling office
may not be displayed
♦
Only the main photo may be displayed; no additional photos
♦
Listings older than 3 years may not be displayed, except on
brokerage websites
These guidelines may be adjusted from time to time, at the
discretion of RE PanamericanMLS.com. PanamericanMLS.com shall at
all times retain the right to make the final determination as to
what MLS content may be displayed on the Internet.
PanamericanMLS.com reserves the right, from time to time, to
adopt and/or modify its MLS Rules and its policies and
procedures with respect to the display of MLS content. When it
does so, the MLS Rules and the policies and procedures, to the
extent inconsistent with the guidelines set forth herein, will
automatically supersede these guidelines
|